Advice needed: US Citizen marrying a Canadian

[eye0eye 0]

Hi Everyone,

First of all thanks for the forum and all the great advice that is given here.

Some background: I am originally a UK citizen, moved to the US in 2003 with permanent residency status (through a family sponsorship). I just completed my naturalization (last week actually!) to become a US citizen.

I attended graduate school in NYC which is where I met my spouse-to-be! We both graduated in the same class and did a residency together in the US. She is a Canadian Citizen. Her OPT ran out in July and she has returned to Canada (her decision not to apply for an H1B due to family illness).

Now, since I just became a US citizen we would like to proceed with marriage and her moving back to the States.

From a lot of reading I understand the official way would be for us to apply for a K-1 Visa for her to travel back on and then be married within the 90 days (we'll do a civil ceremony for now and plan a bigger wedding afterwards). Then we can go on with the EAD/AP and residency applications.

Would this be the "fastest" way? Alternatively I have read of people entering the US as a visitor and then being married. I know this is technically not allowed since the intent would be to stay in the US, however do most people have problems with this?

We are OK with the K-1 timeframe (3-4 months?) but we don't want to draw out the process too long (or risk drawing it out too long).

And for people who have gone through something similar would you recommend a lawyer? (I know the answer is somewhat always yes..) I have managed to complete all of my immigration process without the use of lawyers. We have substantial evidence of knowing each other for 5 years and dating for 3-4 years.

Any advice is much appreciated! Thank you for reading!

[Peikko 1,575]

K-1 is pretty fast. Your second suggestion is not legal and should and will not be discussed on this forum.

Oh, and no, you should not need a lawyer unless there is something odd or special about your case.

I should add, that the down side of your illegal suggestion, should you be caught in the act as it were, is a ban from the US. It might even be a lifetime ban - not sure, ask the experts on that

It is a minimum of 10 years and there are no exceptions.

[cjblack 0]

I think this chart is what you are looking for:

http://www.visajourney.com/forums/index.ph...mp;page=compare

[Peikko 1,575]

[Kathryn41 3,205]

Congratulations on your engagement.

A K-1 is probably your best bet. It is the fastest way to get together legally, although unfortunately it will be somewhat drawn out just by the necessity of the processing. Your time frame of 3 to 4 months is not realistic - you are probably looking at closer to 8 or 9 months, although one of the Canadians who has gone through the K-1 processing more recently will be able to give you more accurate timing. Part of the 'delay' is just waiting for an interview date at the Consulate which in itself takes several months.

As Madame Cleo mentioned, coming to the US as a visitor and then marrying and applying to adjust status from within the US isn't just 'technically not allowed' - it is outright illegal, and if caught will result in a lifetime ban from re-entering the US. It is called visa fraud and taken very seriously by USCIS. Does it happen? Yes, and some do get away with it. It is still illegal, however, and I know I would never want to risk my future happiness with my loved one by pursuing such a course of action. It is far better to wait the extra few months knowing they will lead to a lifetime of married happiness.

If you have done your own immigration paperwork up until now you should be able to handle the Fiancee visa process without too much difficulty. The guides above provide a lot of useful information. Basically, you start the process by submitting an I-129f petition to the appropriate USCIS service center basically requesting permission for your fiancee to apply for a fiancee visa. Once approved, the processing is transferred to either the Montreal or the Vancouver US Consulates (depending where she lives in Canada). They will notify her that there is a approved petition for her and advise her of what she needs to do for her part of the process. She will need to have an immigration medical by a panel physician, get Canada Wide security checks, obtain certain documents which she probably already has (passport, birth certificate, etc.), provide an affidavit of support from you, and attend an interview at the appropriate Consulate. Upon approval, she has 6 months to use the K-1 visa and then you have to marry within 90 days.

Edited July 19, 2009 by Kathryn41

[eye0eye 0]

Thanks for the fast replies!

One other thing, of course we have the option for me to go to Canada and marry there, then petition to bring her here. I was struggling to find information on any specific type of visa I would need to enter Canada to do this. Would the timeframe of marrying in Canada be similar? And am I right in thinking the advantage of the K-1 is that we can both travel back and forth while the K1 is pending, however with the K-3 she would not be able to travel to the US, correct?

Thanks again.

PS: sorry about the 2nd suggestion.. won't be mentioned again

[scandal 951]

I would add to the previous that there is one other alternative not discussed on this thread but which you will find in the Guides, and that is a spousal visa, either K-3 or CR-1.

We didn't go that route, we did the K-1 fiancee visa, thinking it would be faster. Ours took about 10 months from filing in Sept, until getting the visa now in July. In hindsight I think I probably would have gone a CR-1 had I known how the K1 would work out and how long it would take. The advantage of a CR1 is that when you get the visa, you're basically done. She will get a green card and can work immediately upon entry to the US. With K1, you still have the entire AOS/AP/EAD to deal with as you noted in your opening post.

If you choose the CR1 you may want to consider get married in Canada prior to filing. Alternatively you could consider marrying in the US followed by her return to Canada to wait out the visa process. But the risk with that is that when she enters the US and is asked the purpose of her trip, if she answers truthfully to get married, they are likely to determine that she intends to adjust status within the US and may bar her entry, despite her protestations that she intends to return to Canada and file CR-1. If you go that route, prepare to show lots of evidence of her intent to return to Canada (return plane ticket, job she is returning to, etc.). Otherwise, probably less hassle for you to take a trip to Canada to get married.

[scandal 951]

Thanks for the fast replies!

One other thing, of course we have the option for me to go to Canada and marry there, then petition to bring her here. I was struggling to find information on any specific type of visa I would need to enter Canada to do this. Would the timeframe of marrying in Canada be similar? And am I right in thinking the advantage of the K-1 is that we can both travel back and forth while the K1 is pending, however with the K-3 she would not be able to travel to the US, correct?

Thanks again.

PS: sorry about the 2nd suggestion.. won't be mentioned again

Just saw this now, after my reply.

My understanding is that K3 is largely obsolete. It takes about as long as CR1 and does not convey the advantage of immediate green card. You still need to adjust status. So I think common wisdom is that K3 is a bad choice in most circumstances.

As a Canadian, your fiancee can travel freely back and forth between Canada and the US while a K1 petition is pending. However be prepared to show solid evidence of her intent to return to Canada on each US entry. Also, never ever attempt to deceive or hide information from the border agents. You are doing nothing wrong, so don't take any steps that will blot your good record.

[Peikko 1,575]

Thanks for the fast replies!

One other thing, of course we have the option for me to go to Canada and marry there, then petition to bring her here. I was struggling to find information on any specific type of visa I would need to enter Canada to do this. Would the timeframe of marrying in Canada be similar? And am I right in thinking the advantage of the K-1 is that we can both travel back and forth while the K1 is pending, however with the K-3 she would not be able to travel to the US, correct?

Thanks again.

PS: sorry about the 2nd suggestion.. won't be mentioned again

You didn't know. Only the legal routes can be discussed. Now you do know not bringing it up again, will ensure that you get the best advice available - not a bunch of haterz wanting to diss you for 'cheating'. Good luck

Edited July 19, 2009 by Madame Cleo

[cjblack 0]

And am I right in thinking the advantage of the K-1 is that we can both travel back and forth while the K1 is pending, however with the K-3 she would not be able to travel to the US, correct?

My fiancee has traveled back and forth from Canada to USA several times. Mostly without incident, however it's important to remember that your fiancee is just "visiting" you when she comes here, and it helps a ton to have an exact date on when she'll be returning to Canada (as well as your NOA1 - notification that the I-129F/K1 is in process). If you're married already, it's very hard to prove to the border agent that your "wife" is only planning on "visiting", not "living" with you.

[Hugglebuggles 60]

Hi eye0eye!

I just went through the K-1 process and am now living with my fiance in the US. We went through the consulate in Montreal and it took us 7 months from the initial filling to the interview. However, if she lives in western Canada she will use the consulate in Vancouver which is generally much faster. I believe it is reasonable to believe you're fiance can be with you in the US in 6-9 months.

As the others have suggested, the K-1 is generally faster, but costs more and offers you more work after entering the US. Regardless of the visa you chose, your fiance can come visit you in the US anytime, but must show she has intent to return to Canada.

[Jauque 1]

Would this be the "fastest" way? Alternatively I have read of people entering the US as a visitor and then being married. I know this is technically not allowed since the intent would be to stay in the US, however do most people have problems with this?

Getting married and then applying for a CR-1 visa would be the fastest way for her to be able to both immigrate and work in the states. The difference being that a CR-1 is an immigrant visa and her employment authorization would be immediate rather than having to wait the 3 months for apoval like you do with the K-1

We are OK with the K-1 timeframe (3-4 months?) but we don't want to draw out the process too long (or risk drawing it out too long).

You're timeline is a bit off if she lives in the west then it will be about 6 months altogether and longer in the east due to Manitoba's long wait list for interviews.

And for people who have gone through something similar would you recommend a lawyer? (I know the answer is somewhat always yes..) I have managed to complete all of my immigration process without the use of lawyers. We have substantial evidence of knowing each other for 5 years and dating for 3-4 years.

You shouldn't need a lawyer, you seem intelligent this can be a fairly simple process if you do your research. Refer to the Guides and the flow chart to make an educated decision on what visa is best for you.

She can 'visit' you and happen to get married and proceed to adjust from there skipping the entire K-1 part of the process but as you've said yourself this would be visa fraud. She cannot legally enter the US with the intent to marry you and adjust. The benefits of this are far out-weighed by the potential consequences. Definatly not recommended.

[eye0eye 0]

Thanks again for the replies. My fiance does live just outside of Vancouver so I guess that would be a bonus for us in terms of processing time.

Now we just have to decide.. be apart before or after marriage I suppose.

So if I'm correct: The K1 might take longer to have her here and working, however, it has the advantage that we can live together immediately after being married. The CR-1 may be faster to gain permanent residency but we will have to marry and be separated for the first 6-12 months. Decisions decisions!

Thanks again everyone, once we decide which way to go I will post our timeline!

[Jauque 1]

Thanks again for the replies. My fiance does live just outside of Vancouver so I guess that would be a bonus for us in terms of processing time.

Now we just have to decide.. be apart before or after marriage I suppose.

So if I'm correct: The K1 might take longer to have her here and working, however, it has the advantage that we can live together immediately after being married. The CR-1 may be faster to gain permanent residency but we will have to marry and be separated for the first 6-12 months. Decisions decisions!

Thanks again everyone, once we decide which way to go I will post our timeline!

Best of luck!

[SomeGeoffGuy 0]

I went through Montreal. We sent the paperwork in the first week of February, and had our Consulate interview in early July. The biggest delay was waiting to hear from the consulate for our appointment - about 7 weeks. If Vancouver is faster, it should take even less time.

-Geoff

Edited July 20, 2009 by SomeGeoffGuy